The Lawlessness Of Rights

Over much of Africa, crime and insurgency are a serious problem and one in which the distinction between the two is being eroded. Left without state protection people have sought to preserve their lives and property through vigilante groups and militias that pay scant attention to the law or human rights. Likewise, the state security forces, under pressure to cut crime and rebel activity, readily discard lawful procedures. Torture provides them with vital information, whilst extra-judicial executions save the need to go through the prolonged criminal justice system. After a general overview of the role of the rule of law in a democratic society, Bruce Baker provides five case studies that capture the current complex realities and their impact on the new democracies. The citizen responses considered are vigilantes in East African pastoral economies, The Bakassi Boys an anti-crime group in Nigeria and private policing initiatives in South Africa. The state responses are those of the Ugandan Defence Forces towards the Lords Resistance Army, the Senegalese army towards the Casamance secessionists and the Mozambique Police response towards criminals.

How can property rights be protected and contracts be enforced in countries where the rule of law is ineffective or absent? How can firms from advanced market economies do business in such circumstances? In Lawlessness and Economics, Avinash Dixit examines the theory of private institutions that transcend or supplement weak economic governance from the state. In much of the world and through much of history, private mechanisms--such as long-term relationships, arbitration, social networks to disseminate information and norms to impose sanctions, and for-profit enforcement services--have grown up in place of formal, state-governed institutions. Even in countries with strong legal systems, many of these mechanisms continue under the shadow of the law. Numerous case studies and empirical investigations have demonstrated the variety, importance, and merits, and drawbacks of such institutions. This book builds on these studies and constructs a toolkit of theoretical models to analyze them. The models shed new conceptual light on the different modes of governance, and deepen our understanding of the interaction of the alternative institutions with each other and with the government's law. For example, one model explains the limit on the size of social networks and illuminates problems in the transition to more formal legal systems as economies grow beyond this limit. Other models explain why for-profit enforcement is inefficient. The models also help us understand why state law dovetails with some non-state institutions and collides with others. This can help less-developed countries and transition economies devise better processes for the introduction or reform of their formal legal systems.

A modern nation in a state of total disorder, Colombia is an international flashpoint—wracked by more than half a century of civil war, political conflict, and drug-trade related violence—despite a multibillion dollar American commitment that makes it the third-largest recipient of U.S. foreign aid. Law in a Lawless Land offers a rare and penetrating insight into the nature of Colombia's present peril. In a nuanced account of the human consequences of a disintegrating state, anthropologist Michael Taussig chronicles two weeks in a small town in Colombia's Cauca Valley taken over by paramilitaries that brazenly assassinate adolescent gang members. Armed with automatic weapons and computer-generated lists of names and photographs, the paramilitaries have the tacit support of the police and even many of the desperate townspeople, who are seeking any solution to the crushing uncertainty of violence in their lives. Concentrating on everyday experience, Taussig forces readers to confront a kind of terror to which they have become numb and complacent. "If you want to know what it is like to live in a country where the state has disintegrated, this moving book by an anthropologist well known for his writings on murderous Colombia will tell you."—Eric Hobsbawm

Talks on Human Rights & the Arts 2: The Lawlessness of Rights is the second volume of talks by activists, scholars, and artists from around the globe, presented at the Center for Human Rights and the Arts at Bard College (CHRA). In their own words and in conversation with others, they make evident the richness and range of contemporary practices at the intersection of human rights and the arts.

Because social media and technology companies rule the Internet, only a digital constitution can protect our rights online.

The relationship between politics and law in the early People’s Republic of China was highly contentious. Periods of intentionally excessive campaign justice intersected with attempts to carve out professional standards of adjudication and to offer retroactive justice for those deemed to have been unjustly persecuted. How were victims and perpetrators defined and dealt with during different stages of the Maoist era and beyond? How was law practiced, understood, and contested in local contexts? This volume adopts a case study approach to shed light on these complex questions. By way of a close reading of original case files from the grassroots level, the contributors detail procedures and question long-held assumptions, not least about the Cultural Revolution as a period of “lawlessness.”

The Lawless School provides the right education for kids on the wrong side of the law. An action-packed, globe-spanning adventure begins here!Welcome to Lawless, where the head of the class is a dangerous place to be.M Freeman is the newest student at the prestigious (and mysterious) Lawless School. All she really wants is to fit in, but from the moment she arrives, her unusual skills have the whole academy buzzing. M excels at escape tactics. She's a whiz at spotting a forgery. But can she tell right from wrong? She'll have to figure it out fast, because some of her teachers are planning the crime of the century . . . and M and her classmates might be the only people who can stop them.Jeffrey Salane's debut novel is full of twists and turns, and the Ebook includes additional content from the author, unavailable anywhere else!

This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.